Climate Mitigation, State Policy and Science “Stayed” in San Diego Court Ruling

Client Alert

Brownstein Client Alert, October 9, 2018

On Sept. 14, 2018, the San Diego County Superior Court issued a stay/preliminary injunction preventing any San Diego County (“County”) project requiring an amendment to the County’s General Plan from relying on greenhouse gas (“GHG”) offset credits generated outside of the County.1 A GHG offset credit is a promise to reduce emissions by one ton of carbon dioxide per year, or remove one ton from the atmosphere, which can take the form of forest management, methane capture, manure management, and other projects.2 Ruling at the request of petitioners, the Sierra Club and Golden Door Properties, the court found that because the County’s General Plan requires GHG emission reductions from “County operations” and “community activities,” GHG offset credits for reductions that occur outside of the County may not be used to reduce emissions from projects within the County.